Pease

Judgment was rendered for the plaintiffs against “the defendant, Harvey D. Thornburg, James C. Powell and Mae Christine Powell, for the sum of $4,000.00, together with interest on same at the rate of 7% per annum from the 1st day of August, 1927”.

The action was brought by plaintiffs against defendants for money had and received; the alleged cause of action arising out of a real estate transaction negotiated by defendant Powell, and involving an exchange of properties between the plaintiffs and the defendant Thornburg. By the terms of the exchange agreement, plaintiffs deeded to Thorn-burg an orange grove, subject to encumbrances thereon, and the defendant Thornburg deeded to plaintiffs property in Los Angeles County, and assigned to plaintiffs a promissory note for $4,000, executed by Frank W. Hurd and wife to one J. F. Denney, secured by a deed of trust on property located in Los Angeles County. This note and deed of trust was a third encumbrance, subject to two prior encumbrances, one for $8,000 and the other for $3,750. It is alleged that in order to induce the plaintiffs to effect the exchange of the properties, the defendant Powell stated to them that the note and trust…